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Section 8.0 of Article III: Eligible Preparers
The EIS may be prepared by the proponent�s technical staff
or a professional group commissioned by the proponent, provided
that only EIS preparers duly accredited by the EMB in accordance
with its accreditation procedures shall be allowed to actually
prepare the EIS.
Section 18.0 of Article III: Eligible Preparers
The IEE may be prepared by the proponent�s technical staff
or a professional group commissioned by the proponent, provided
that only IEE preparers duly accredited by the EMB in accordance
with its accreditation procedures shall be allowed to actually
prepare the IEE.
NOTES:
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Only those accredited by the DENR, in accordance with the
prescribed accreditation criteria and procedures, can prepare an
IEE or EIS. Starting 1 January 1998, DENR will only accept IEE
or EIS prepared by accredited preparers.
- Any individual or organization (e.g. single proprietorship,
partnerships, firms, environmental units of government agencies
or local government units) can apply for accreditation as an
eligible EIS/IEE preparer. At the minimum, any individual who
has attained a Bachelor's degree in engineering, natural,
physical or social sciences can apply for accreditation.
- The EMB shall establish the levels of accreditation,
accreditation criteria and accreditation mechanics for eligible
EIS/IEE preparers including grounds and procedures for withdrawal
of accreditation . DENR Regional Offices shall receive
applications, accredit preparers and withdraw accreditation as
may be prescribed by EMB.
- Accreditation by EMB or DENR Regional Offices shall be
recognized nation-wide and shall be valid unless withdrawn in
writing in accordance with procedures prescribed herein.
- EMB shall establish a system for public information and
dissemination on eligible preparers which will be updated
regularly with inputs from DENR Regional Offices.
- In order to assist proponents of small projects, a system of
IEE submission using the checklist format shall be established by
DENR for certain sectors. Such checklist may be submitted by
proponents themselves without the need to engage the services of
an eligible preparer.
To maintain the integrity of the EIS system, the DENR is
implementing a system of accreditation to screen
individuals/professionals who are eligible to actually
prepare an EIS/IEE.
Not just anybody can prepare an IEE/EIS. Only those
accredited by DENR, in accordance with the prescribed
accreditation criteria and procedures, should prepare an
IEE/EIS.
Section 7.0, Article IX of DAO 96-37 also strongly prohibits
the participation of any DENR personnel, in any manner
whatsoever, directly or indirectly, in the preparation of
the EIS or IEE. A violation of this provision is subject to
administrative sanctions and penalties in accordance with
Civil Service regulations, without prejudice to criminal
proceedings under the Anti-Graft and Corrupt Practices Act
and other relevant laws.
Accreditation of Individual EIS/IEE Preparers
In the accreditation of individual preparers, EIA
consultants shall be ranked according to three (3) levels,
namely:
- Associate Environmental Professional
- Environmental Professional
- EIA Team Leader
The Associate Environmental Professional (AEP) shall be
referred to as Level 1, the Environmental Professional (EP)
as Level 2 and the EIA Team Leader as Level 3. The
accreditation critera for an EIA consultant are shown in
Table 3.1.
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Table 3.1. Qualification of Consultants
Level of Consultant Qualification Criteria
Level 1: Associate Educational Attainment
Environmental must have a Bachelor's degree in the
Professional engineering, natural, physical or
social sciences (refer to Table 3.2
as guide)
or
must have participated in at least
three (3) seminars, workshops or
training on EIA or any related field
such as those identified in Table 3.2
Other Requirement:*
must have knowledge & understanding
of DAO 96-37.
Level 2: Environment Educational Attainment:
Professional** must have a Bachelor's or Masters
degree in the engineering, natural,
physical or social sciences (refer to
Table 3.2 as guide)
Work Experience:
must have at least 3 years of
practical experience in any of the
following: (a) EIA work in any
module/study area identified in Table
3.2; (b) env. appraisals & reviews;
(c) environmental management; (d)
natural resource management; or (e)
specialized studies
Seminars/Trainings Attended:
must have participated in at least 5
seminars, workshops or trainings on
EIA or in any related field such as
those identified in Table 3.2.
Membership in Professional Assn. or
Organization
must be an active member of a
recognized professional association
or organization (locally and
internationally)
Other Requirements*
must have full knowledge &
understanding of DAO 96-37
Level 3: Team Leader must possess all the qualifications
for an EP, except that practical work
experience should be at least 5 years
Managerial Effectiveness***
must have the ability to coordinate,
manage and direct the activities of
an interdisciplinary team
must have the technical ability to
integrate the activities and desired
outputs required of the EIA modules
Training Experience
must have acted as trainer or
resource person in at least 2
training courses related to EIA
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* Knowledge on DAO 96-37 shall be attested to be the applicant
in the application form.
** The consultant's expertise will be evaluated according to
the relevant study area he/she specialized in.
*** These can be gauged by his/her experiences in team
management and program/project coordination work and
validated by actual performance on EIS and related
environmental planning and management work.
In addition, Level 2 preparers should have certain fields of
specialization such as those indicated in Table 3.2 in order
to be able to carry out the different modules or study area
in the conduct of an EIA. The field of specialization could
be acquired through formal education, training and work
experience.
Table 3.2 serves as a reference guide for the various fields
of specialization per module or study area. The table is
not intended to serve as basis for exclusion. EMB shall
review and update the table, particularly the fields of
specialization, as necessary.
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Table 3.2 Sample Specializations per Module or Study Area
Module/Study Area Field of Specialization
1. Air Quality Environmental Engineering
Air Pollution Control Environmental Science/Studies
and Management Natural Sciences
2. Atmospheric Environment Climatology
Climate Environmental Science/Studies
Weather Meteorology
Physical Sciences
3. Hydrology/Lakes Environmental Engineering
Environmental Science/Studies
Hydrology
Limnology
Natural Resources Management
4. Water Quality Analytical Chemistry
Water Pollution Control Chemical, Civil and Environmental
and Management Engineering
Environmental Science/Studies
Geochemistry
Hydrogeology
Microbiology
Natural Resources Management
Physical Sciences
Sanitary Engineering
5. Ocean Environment Chemical Engineering
Environmental Engineering
Environmental Science/Studies
Geology
Marine Science
Oceanography
Physics
6. Forests Agriculture
Terrestrial Ecology Biology
Upland Areas Botany
Ecology
Environmental Science/Studies
Forestry
Natural Resources Management
Wildlife Biology
Zoology
7. Aquatic Ecology Environmental Science/Studies
Coastal and Estuarine Ecology
Marine Resources Fishery Biology
Hydrobiology
Limnology
Marine Biology
Natural Resources Management
8. Geology Agriculture
Geomorphology Environmental Science/Studies
Land Use Development Planning
Soils Geology or Soil Science
9. Urban and Environmental Planning
Regional Planning Environmental Science/Studies
Regional Planning
Urban Planning
Environmental Planning
10. Local and Cultural Anthropology
Communities Community Development
Social Demography
Acceptability Environmental Science/Studies
Social Impacts Rural Development
Socio-economics
Sociology
11. Environmental/Health Risks Environmental Engineering
and Impacts Environmental Health
Public Health
Occupational Health
Environmental/Health Risk
Assessment
12. Noise/Sonic Environmental Engineering
Environment Environmental Health
Environmental Science/Studies
Mechanical Engineering
Occupational Health
Public Health
13. Economic Economics
Feasibility Study Environment and Natural Resource
Accounting
Financial Analysis
Resource Economics
14. Environmental Environmental
Management * Science/Studies/Assessment/
Management
15. Population and its Demography
Interrelationships Sociology
Anthropology
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* The EIA Environment Professional who qualifies for
accreditation in the area of Environmental Management must
have the capability to evaluate the technical inputs (impact
identification, prediction, assessment, mitigating measures,
etc.) of the various modules and integrate these into a
consolidated EIS document.
The mechanics for accreditation are:
- The EMB and DENR Regional Offices (ROs) will be
responsible for accrediting and upgrading individual
experts on EIA through the assignment of rank. The
ranks are as follows:
- Associate Environmental Professional (AEP) - Level 1;
- Environmental Professional (EP) - Level 2; and
- Team Leader (TL).
- The DENR ROs can act on Level 1 applications or the
rank of AEP. However, it shall undertake preliminary
screening of applications from the regions for Levels 2
and 3 to ensure completeness of documents and
information required for accreditation. Application
forms submitted to the EMB will be evaluated at the EMB
office.
- In evaluating all applications, EMB and the ROs shall
make use of the qualification or accreditation criteria
provided.
- An accreditation group shall be created by the EMB and
ROs. Its functions are:
- develop evaluation mechanics to include manner of validating
and/or cross-checking of support documents;
- review, evaluate, process and approve application forms for
accreditation/upgrading of accreditation;
- issue accreditation certificates to individual experts on
EIA;
- drop, after due process, from the roster of accredited EIA
consultants any expert who has been found amiss in the delivery
of impact assessment studies; and
- assign technical advisers for specific batch reviews.
- The composition of the accreditation group in EMB
is as follows:
- Director/Assistant Director of EMB;
- Division Chief/Head of EIA Unit;
- Two (2) members-at-large from within EMB to be designated by
the EMB Director
- One (1) representative from the Office of the DENR
Undersecretary for Environment and Programs Development.
On the other hand, the composition of the accreditation
group at the RO is as follows:
- DENR Regional Executive Director; and
- RTD - EMPAS
- Head/Chief, EIA Unit/Section/Office/Division
- The accreditation group shall be chaired by the EMB
Director for EMB and the RED for the ROs. The Assistant
Director shall act as Co-Chair in EMB, while the RTD-
EMPAS shall act as Co-chair for the ROs.
- The accreditation group may, at its discretion, have
two (2) technical advisers, who may not necessarily be
accredited preparers. The advisers may be selected
from among organizations or institutions whose main
thrust is on the professionalization of environmental
management or from the academe. However, a person
cannot be invited as technical adviser if he or she has
a pending application for accreditation.
- The assignment of technical advisers shall be made per
batch review in order to assure objectivity in
evaluation. They shall sit as non-voting members of
the accreditation group.
- The accreditation group shall be assisted by a 3-member
Secretariat to be headed by a senior staff of the EIA
group for EMB and a senior staff of the EMPAS for the
RO. The functions of the Secretariat are as follows:
- conduct a preliminary screening of submitted forms and
supporting documents for accreditation/upgrading of
accreditation;
- submit recommendations with regards to processing for
accreditation;
- notify all concerned of evaluation sessions with prior
consultation from the head of the accreditation group; and
- provide necessary documentation in all aspects of
accreditation.
- Accreditation certificates issued by the EMB and RO
shall remain valid until such time as may be withdrawn
by DENR or other competent authorities.
Procedures for Accreditation of EIS/IEE Preparers
In order to be accredited, an applicant need only submit the
application form (Annex 3-A: Accreform 1) and the documents
he/she listed in Accreform 2 (Annex 3-B). Likewise, the
applicant must not have been convicted of any crime against
public interest (e.g., falsification, forgery, other
falseties) nor found liable in an administrative proceeding
involving EIS/IEE for the past five years.
The procedures for accreditation are as follows:
- Three (3) copies of the duly accomplished form (Accreform 1)
and supporting documents (as listed in Accreform 2) shall be
submitted to the Director of the EMB or to the Regional Executive
Director of the respective ROs.
- The applicant pays a fee in the amount of P 500 (five
hundred pesos).
- Preliminary screening of forms shall be done for all levels.
Completeness of documents submitted shall be the basis for
processing. In cases when processing could not proceed due to
incomplete or insufficient documentation, the applicant shall be
notified within thirty (30) days of receipt of his application
forms to allow him/her to submit additional documents or to
complete the documentation.
- . Applications that pass the preliminary screening will be
endorsed to the EMB and RO accreditation group as may be
appropriate.
- The application forms shall be evaluated based on the
prescribed accreditation criteria.
- The accreditation group shall evaluate the application forms
with attached supporting documents using Forms 3 and 4. (Refer to
Annex 3-C and Annex 3-D, respectively).
- The acceptance of applications will be all year round, but
the processing or evaluation of applications for accreditation
shall be scheduled quarterly.
- Individual experts, whose applications for accreditation
have been approved, shall be issued an accreditation certificate
by the EMB or the ROs and shall be included in the roster of
professionals and individual experts on EIA.
- Upgrading of accreditation to a higher level, Environmental
Professional (EP) or Team Leader (TL) shall be done upon
submission of required forms and/or documents. Processing shall
be done in accordance with the accreditation mechanics and
procedures described herein.
Accredited preparers must inform the accrediting office, in
writing, every three (3) years if he/she wishes to continue
the inclusion of his/her name in the directory.
The granting and withdrawal of accreditation by
the ROs shall be recognized nation wide.
Accreditation of Non-Individual EIS/IEE Preparers
Non-individual preparers are privately or government owned
and operated entities. One of the main thrusts of operation
of these entities is the conduct and management of
environmental impact assessments or studies for both private
and government sector projects. Government-owned or
operated entities refer to the Environmental Units (EUs) of
the national government departments or agencies (such as the
Department of Energy, the Department of Health, or a local
government unit) and government banks (such as the Land Bank
of the Philippines) created pursuant to E.O. 291 (1996).
Non-individual preparers must satisfy the following
requirements:
For single proprietorship:
- the owner of the entity must be a citizen of the
Philippines;
- the entity must be registered with DTI; and
- the owner must be an accredited environmental professional.
For partnership:
- at least sixty percent (60%) of the partnership�s interest
must be owned by citizens of the Philippines;
- must be properly registered with SEC and authorized to
engage in consulting services, one of which is contracting of EIA
studies; and
- at least one (1) partner of the entity must be an accredited
environmental professional.
For corporation:
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The following procedures for accreditation shall be
observed:
- Submit a letter of application, together with the supporting
documents, to the screening committee formed by the EMB.
The required supporting documents are as follows:
- SEC and/or DTI registration papers (or copy of
administrative issuance for EUs);
- Background materials about the organization, such as
corporate mission/goals, organizational set-up, officers, EIA
capability and experience, list of EIA experts and staff with
brief biographical information - for EIA experts who are not
employee of the firm/unit, a letter or certificate of commitment
must be included;
- Record of previous EIA study engagements with focus on
quality of performance and geographical distribution of
engagements for the past three (3) years, if any;
- The organization pays an application fee in the amount of P
2,500 (two thousand five hundred pesos) to the EMB.
- Documents (submitted in No. 1) shall be forwarded to the
accreditation committee for evaluation and final decision.
- In support of the document screening and evaluation of the
committee, the committee shall conduct a background investigation
of the non-individual preparer�s previous EIA study engagements.
It may also schedule an interview session (optional) with the
applicant within 30 days from receipt of application to validate
data resulting from background investigation. The EMB shall
notify the applying entity on the date of interview at least
three (3) days prior to date of interview. In cases where the
president or chief executive officer of the firm/unit could not
be present during the interview, the company/office may execute a
power of attorney, board resolution or any appropriate
instruments giving the representative full rights and authority
to represent the firm/unit.
- The committee shall render a decision on the application for
accreditation within sixty (60) days.
- For approved applications, the EMB shall inform the non-
individual preparer in writing on the approval of their
application for accreditation within three (3) working days and
shall accordingly issue a certificate of accreditation.
Accredited preparers must inform the accrediting office, in
writing, every three (3) years if the preparers wish to
continue the inclusion of their names in the directory.
IEE and EIS Preparation
In some cases, one (1) duly accredited individual preparer
is already sufficient to prepare an IEE. However, the
proponent is strongly encouraged to hire the appropriate
number of accredited preparers depending on the type of
project. A small number of preparers may be engaged
provided the critical impact receptors are within the
preparer�s area of specialization.
Although the proponent has the final decision on whether the
IEE will be prepared by an individual or a team of
preparers, DENR reserves the right to reject such IEE, if in
its opinion, the preparer is not capable of preparing the
IEE single-handedly.
For projects requiring EIS, a multi-disciplinary team of
preparers must be engaged to prepare it. At the minimum,
the team must have at least one (1) accredited Team Leader
(Level 3). Furthermore, critical or sensitive impact
receptors must be assessed or handled by the appropriate
expert (of at least Level 2 accreditation).
Withdrawal of Accreditation
To maintain the integrity of the EIS system and ensure
professionalism and quality of EISs and IEEs being
submitted to DENR, a system for withdrawal of accreditation
is hereby instituted. Hence, an accreditation, once awarded
to a preparer, does not preclude DENR from cancelling or
revoking it once any of the following is committed by the
preparer:
- the individual or office signed agreements or contracts with
proponents that puts the release of payment of fees or any part
of the professional fee contingent upon the release of the ECC;
- the accredited preparers personally follow-up the release
of the ECC or puts pressure on EMB to release the ECC;
- the individual or office has been proven to offer bribes to
at least one (1) EIARC member or EMB/DENR personnel who is
processing, reviewing or handling the preparer�s submissions.
- the individual or office used data that have been copied or
plagiarized without proper citation of sources;
- the individual or office assisted the proponent in any form
of misrepresentation or in misleading the public by providing
false or inaccurate information about the project; and
- the individual or office assisted the proponent in
shortcutting the EIS process by not going through the scoping
process properly and adequately and not fully observing public
participation as provided in the EIS Procedural Manual
An accredited individual or non-individual preparer shall be
subject to inquiry or investigation by the DENR
accreditation committee for commiting any of the above
actions upon receipt of a written and signed complaint. Or,
the committee may initiate investigation at its own
initiative when reasonable grounds exist. The procedure for
inquiry or investigations are as follows:
- Upon receipt of a written statement or on its own
volition, the Accreditation Committee, through the
Chairman, informs the preparer of the charges or
complaints.
- The Committee gives the preparer 15 days to respond to
the allegation or complaint from date of receipt. The
Committee furnishes the complainant, if any, a copy of
the response.
- The Committee schedules an investigation of the issue.
The Committee shall conduct an inquiry through the use
of, but not limited to, hearings, interviews and review
of documents.
The Committee�s actions are summary in nature and
therefore is not obligated to strictly adhere to the
technical rules of evidence. Likewise, the Committee is
not obligated to conduct adversarial hearings to hear
the testimonies of the respondent (preparer) and
complainant.
- Within a maximum of 30 days after the receipt of the
response, the Committee should come-up with a decision
regarding the matter and inform both the complainant
and the preparer. The decision of the Committee shall
be considered final and executory.
System of Public Information and Dissemination
To avoid having project proponents from claiming that they
are not aware of who are the accredited or eligible EIS/IEE
preparers, a system of disseminating the list of accredited
EIS and IEE preparers shall be provided.
The official list of DENR (EMB and ROs) accredited EIS/IEE
preparers shall be disseminated or made available to the
public through EMB and DENR field offices (such as DENR RO,
PENRO and CENRO).
The list shall also be published as often as practical in
major and local environmental publications and mass-based
publication.
An accredited preparer must inform EMB every three (3) years
in order to be continually included in the
directory/listing.
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