Transcript Forest - AECEN

Decentralization and Environmental
Compliance and Enforcement in the
Philippines
LORMELYN E. CLAUDIO
Regional Executive Director
DENR Region 6, Western Visayas
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China
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Luzon
PHILIPPINES
Vietnam
Thailand
Cambodia
Visayas

Mindanao
Malaysia
BORNEO
Singapore
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Indonesia
An archipelago of 7,107
islands in Southeast Asia
Located between the
South China Sea on the
west and the Philippine
Sea on the east.
Composed of the major
islands of Luzon in the
north and Mindanao in the
south and the Visayan
Islands in the middle.
Total Population as of
2007 Census is
88,574,614 with an annual
growth rate of 2.16
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One of the 17 megadiverse countries
containing two-thirds of the earth’s
biodiversity
15,000 plant species, half are endemic
More than 20,000 species of insects,
70% unique
More than 105 species of amphibians
254 species of reptiles, 82% cannot be
found anywhere else
More than 500 species of birds
MANDATE
“The DENR shall be the primary government
agency responsible for the conservation,
management, development and proper use of
the country’s environment and natural
resources”
DENR VISION
FOREST COVER
OF THE
PHILIPPINES
Administrative Jurisdiction
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PHILIPPINES
Region I
Region II
CAR
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Region III
Region IV-A
NCR
Region V
Region IV-B
Region VIII
Region VI
Region VII
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Region X
Region XIII
Region IX
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Region XI
ARMM
Region XII
Covers 16 Regions
including Autonomous
Region of Muslim
Mindanao
Region VI – Western
Visayas is located in the
central part of the
Philippines and is
bounded by two large
inter-island water bodies
of Sibuyan and Visayan
Seas.
Total land area is
2,022,311 hectares
Population as of 2007
Census is 88,574,614
ORGANIZATIONAL STRUCTURE
SECRETARY
• Standards setting
• Policy formulation
• Oversight functions
5 Undersecretaries
7 Assistant
Secretaries
Dir. MGB
1 Regional Bureau
Directors
Dir. EMB
Dir. PAWB
Dir. LMB
1 Regional Bureau
Directors
16 Regional Executive
Directors
Local Government
Units
Other Government
Agencies
Other Stakeholders
3 Regional
Technical Directors
Provincial Environment and
Natural Resources Officers
Community Environment
and Natural Resources
Officers
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Implementation
Permitting
Inspection
Monitoring
Adjudication
Dir. FMB
LAWS
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Executive Order 192 – Reorganization of the DENR
Presidential Decree 705 – Revised Forestry Code
Commonwealth Act 141 – Public Land Act
Republic Act 6969 - Toxic Substances, Nuclear and
Hazardous Waste Control Act
Republic Act 8749 - Clean Air Act
Republic Act 9003 - Ecological Solid Waste
Management Act
LAWS
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Presidential Decree 1586 – Philippine EIS System
Republic Act 9275 - Clean Water Act
Republic Act 7586 – National Integrated
Protected Areas System Act
Republic Act 9072 – National Caves and Cave
Resources Management and Protection Act
Republic Act 9147 – Wildlife Resources
Conservation and Protection Act
Executive Order 533 – Integrated Coastal
Management
Environmental Compliance
• The compliance of regulated communities to environment
and natural resources (ENR) laws has improved for the
past two decades.
• Pursuant to Philippines EIS System (PD 586), projects are
required to secure Environmental Compliance Certificate
(ECC).
• Installations which generate air emissions and wastewater
discharges are mandated by the Clean Air Act (Republic
Act No. 8749) and Clean Water Act (RA 9275) to secure
permits.
Environmental Compliance
• Handling and disposal of solid and hazardous
wastes generated by operations of both public and
private entities are covered by Ecological Solid
Waste Management Act (RA 9003) and Toxic
Substances, Nuclear and Hazardous Waste Control
Act ( RA 6969).
• Permitting and clearance system for EMB-carried out
laws decentralized for almost a decade already
Compliance Monitoring
• Operationalization of ECC compliance multipartite
monitoring teams
• Projects constructed without ECC, clearances and permit
• Multi-Forest Protection Committee, Bantay Bukid
• 1 forest protection officer/forest guard for every 6,000
hectares of forest land
• Inadequate road networks, inadequate logistics, threats
posed by insurgents
Compliance Monitoring
• Forests, wetlands and foreshore areas illegally occupied
• Illegal transport of forest products
• Protected Areas Management Boards (DENR, LGUs,
POs,NGOs)
• Protected Areas Superintendent
• Wildlife Enforcement Officer, Cave and Wildlife
Enforcement Officer
Compliance Monitoring
• Coastal Law Enforcement Alliance in Region 6 (CLEAR)
with PCG, PPA, MARINA, BFAR, NICA, PNP Maritime
Command, DILG
• Wildlife flora and fauna illegally traded
Enforcement Response
Preliminary hearings are done at the CENRO level, the
Legal Division of the DENR Regional Office and FMS handle
the preparation of Orders and Decisions on violation of laws
on forestry and land management
• Notice of Adverse Findings (PD 1586)
• Notice of Violation (RA 8749, RA 9275)
• Pollution Adjudication Board (PAB) for air and water pollution
• Adjudication of pollution cases is still centralized
Compliance Monitoring
• Ecowatch Program – firms color-coded according to
record of compliance with environmental regulations
• Gold and silver ratings entitle a firm to incentivestechnical assistance or relaxation of certain reportorial
requirements
• Black rating means that the firm will be under strict
agency scrutiny
Compliance Monitoring
• Closer alliance with the Judiciary
• Creation of 117 Special Environmental Courts called “ Green
Courts”
• Assistance of Law Students under the “Green Legal Army”
• Environmental Ombudsman
• Provision of insurance coverage for forest guards/rangers ENR
enforcement officers, Bantay Gubat members
CHALLENGES IN THE
DECENTRALIZATION OF FUNCTIONS
AND STRENGTHENING OF
ENVIRONMENTAL COMPLIANCE AND
ENFORCEMENT
1. IEC Campaign has to be intensified. Strengthening of
information, education and communication down to the
grassroots level
a.
Conduct of DENR People’s Day
by the DENR Field Offices
Bring DENR services closer to the
people:
• holding consultation desks
• orientation and lectures
• provision of seedlings
• patent processing and issuance
• technical assistance
b.
The recently launched People’s Hour Program is gaining
positive feedback from stakeholders, thus, has to be
continued nationwide;
• Focused on problem solving of the concerns
or issues raised by the people
• Considered as a measure on the extent of
enforcement and monitoring of environmental
compliance
2. Assessment of the performance of the Regional Offices
in carrying out the delegated functions pursuant to the
Manual of Approvals may be done to improve further the
delivery of services at the field level;
3. Updating of databases and application of advance
information technology and systems have to be undertaken
to ensure better environmental monitoring, planning and
decision-making;
4. Standardized checklists should be developed to use in
inspection of activities and projects on forestry, protected
areas, wildlife and land management;
5. Forms on Notice of Violation and technical hearing/
conference have to be used and issued immediately upon
detection and occurrence of violation against forestry, land
management, protected areas and wildlife laws and regulations
to facilitate expeditious legal action against offenders;
6. A Local Government Participation Action Plan that will
identify opportunities to channel technical and financial
assistance to LGUs has to be formulated;
7. Preparation of Environmental Master Plan
particularly on small islands has to be pursued in
collaboration with the LGUs and pertinent government
agencies and other entities. Geohazard assessment
has to be completed to serve as input to the EMP,
Comprehensive Land Use Plan and Disaster
Preparedness and Risk Management Plan of the
LGUs.
Preparation of geo-hazard maps for all municipalities of Region 6 at the
end of 2010. This will facilitate the preparation of Disaster Risk
Management Plan for all municipalities and inclusion of geological and
hydro-geological characteristics of the different municipalities in the
preparation and/or updating of their respective Comprehensive Land Use
Plan.
Crystal Cave
Bat Cave
Dark Side of
Paradise Cave
BORACAY ENVIRONMENTAL
MASTER PLAN
8. The DENR Regional Offices have to expedite the
preparation of General Management Plans for PAs
and EMB Central and Regional Offices have to
expedite the establishment of airsheds and Water
Quality Management Areas (WQMAs) to draw
greater participation and commitment of
stakeholders particularly the LGUs in the protection
of the PAs, airsheds and WQMAs. With GMPs and
Action Plans for airsheds and WQMAs, economic
instruments could be applied and special funds
generated to ensure sustainable monitoring and
enforcement.
Thank you for your attention.