Business Startup Legal

Environmental Compliance in the Philippines

Published on December 05, 2022 | Updated on March 24, 2023

Our everyday lives, including how we do business, have been significantly and continuously influenced by things like climate change and extreme pollution, which has urged the government to establish regulations on activities that can affect the environment. 

 

As for Section 4 of Presidential Decree 1586, No person, partnership or corporation shall undertake or operate any such declared environmentally critical project or area without first securing an Environmental Compliance.

 

Whether you are operating a local or foreign business, you will be required to comply with Environmental Laws, especially those involved in activities that pose a threat to the environment.  

 

As per the Department of Environment and Natural Resources (DENR), a business must apply for an Environmental Compliance Certificate (ECC) for any project undertaken in the Philippines that may impact the environment. 

 

Suppose the project is not covered by the Environmental Impact Statement (EIS). In that case, the project may instead be given a Certificate of Non-Coverage (CNC).  

 

Here’s what you need to know:

 

Environmental Compliance Certificate (ECC)

Certificate of Non-Coverage (CNC)

Definition

Any activity of any kind that may have an impact on the environment.

Equivalent to ECC, but for activities that are relatively low or will not significantly affect the environment.  

Category of Projects

Category A - Environmentally Critical Project (ECP)

  • Likely to cause negative environmental effects

 

Category B -  Non-ECP,

  • Considered to have a significant impact on the environment because it is located in an environmentally sensitive area (ECA)

Category C - Environmental Enhancement or Pre-1982 Project

  • Directly improve the environment's quality and address current environmental issues

 

Category D - Not Covered by PD 1586

  • Unlikely to cause negative impact on the environment's quality

Documents needed

  • Scanned copy of the deposit transaction slip

  • Duly notarized Initial Environmental Examination (IEE) Checklist

  • Geotagged Photo

  • Maps of impact/affected areas (showing at least 1 km from the project boundaries)

  • LGU Certification on land use compatibility

  • Site development plan/vicinity map signed by registered professionals

  • Project/Plant layout signed by registered professionals 

  • Schematic diagram of wastewater treatment facility and air pollution control facility (if applicable) 

  • Organizational Chart in charge of environmental concerns 

  • Proof of authority over the project site (e.g. land title, lease contract, deed of absolute sale, etc.) 

  • Duly accomplished project environmental monitoring and audit prioritization scheme (PEMAPS)

  • Project plan with project description, and Site development plan/vicinity map

  • Statement of Accountability by Project Proponent on DENR Template 

  • Photo Documentation of the Project Site 

  • Photo Documentation of the Environmental Impact Area

Fee

Php 5,055.00

Php 1,126.00

Mode of Payment

Any LandBank branch using the OnCall Payment Slip.

Any LandBank branch using the OnCall Payment Slip.

Duration of approval

Given all necessary documents are submitted it will take twenty (20) working days from the day of application

Given all necessary documents are submitted, it will take seven (7) working days from the day of application

File/ Document format 

PDF. File must not exceed 10 MB

PDF. File must not exceed 5 MB

Copy application

You can receive Certified True Copies from the respective EMB Regional Office.

Download it through  Environmental Compliance Assistance Center

Other documents needed for the application are the following: 

  • Government and Company ID 

  • Authorization Letter from the proponent (if applicable) 

  • SEC or DTI Registration (if applicable)

Once you have applied for the appropriate certificate and were approved to operate, your company can use the certificate to certify that it complies with all of the Environmental Impact Statement (EIS) requirements and that it is dedicated to its approved environmental management plan.

 

Apart from complying with the laws and regulations, it is also an entrepreneur's social responsibility to ensure that their business will not have detrimental or harmful effects on other people and the environment. 


If your business needs assistance with complying with such regulations, you can contact our legal experts and read more startup business resources at Digest.ph 

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