Presentation on theme: "LORMELYN E. CLAUDIO Regional Executive Director"— Presentation transcript:
1 Decentralization and Environmental Compliance and Enforcement in the Philippines LORMELYN E. CLAUDIORegional Executive DirectorDENR Region 6, Western Visayas
2 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 Census is 88,574,614 with an annual growth rate of 2.16ChinaLuzonVisayasMindanaoPHILIPPINESVietnamThailandCambodiaMalaysiaBORNEOSingaporeIndonesia
3 One of the 17 megadiverse countries containing two-thirds of the earth’s biodiversity 15,000 plant species, half are endemicMore than 20,000 species of insects, 70% uniqueMore than 105 species of amphibians254 species of reptiles, 82% cannot be found anywhere elseMore than 500 species of birds
4 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”
8 Administrative Jurisdiction Covers 16 Regions including Autonomous Region of Muslim MindanaoRegion 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 hectaresPopulation as of Census is 88,574,614PHILIPPINESRegion IRegion IICARRegion IIIRegion IV-ANCRRegion VRegion IV-BRegion VIIIRegion VIRegion VIIRegion XRegion XIIIRegion IXARMMRegion XIRegion XII
9 16 Regional Executive Directors ORGANIZATIONAL STRUCTURESECRETARYStandards settingPolicy formulationOversight functions5 Undersecretaries7 Assistant SecretariesDir. MGBDir. EMBDir. PAWBDir. LMBDir. FMB1 Regional Bureau Directors1 Regional Bureau Directors16 Regional Executive Directors3 Regional Technical DirectorsLocal Government UnitsProvincial Environment and Natural Resources OfficersImplementationPermittingInspectionMonitoringAdjudicationOther Government AgenciesCommunity Environment and Natural Resources OfficersOther Stakeholders
10 LAWS Executive Order 192 – Reorganization of the DENR Presidential Decree 705 – Revised Forestry CodeCommonwealth Act 141 – Public Land ActRepublic Act Toxic Substances, Nuclear and Hazardous Waste Control ActRepublic Act Clean Air ActRepublic Act Ecological Solid Waste Management Act
11 LAWS Presidential Decree 1586 – Philippine EIS System Republic Act Clean Water ActRepublic Act 7586 – National Integrated Protected Areas System ActRepublic Act 9072 – National Caves and Cave Resources Management and Protection ActRepublic Act 9147 – Wildlife Resources Conservation and Protection ActExecutive Order 533 – Integrated Coastal Management
12 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.
13 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
14 Compliance Monitoring Operationalization of ECC compliance multipartite monitoring teamsProjects constructed without ECC, clearances and permitMulti-Forest Protection Committee, Bantay Bukid1 forest protection officer/forest guard for every 6,000 hectares of forest landInadequate road networks, inadequate logistics, threats posed by insurgents
15 Compliance Monitoring Forests, wetlands and foreshore areas illegally occupiedIllegal transport of forest productsProtected Areas Management Boards (DENR, LGUs, POs,NGOs)Protected Areas SuperintendentWildlife Enforcement Officer, Cave and Wildlife Enforcement Officer
16 Compliance Monitoring Coastal Law Enforcement Alliance in Region 6 (CLEAR) with PCG, PPA, MARINA, BFAR, NICA, PNP Maritime Command, DILGWildlife flora and fauna illegally traded
17 Enforcement ResponsePreliminary 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 managementNotice of Adverse Findings (PD 1586)Notice of Violation (RA 8749, RA 9275)Pollution Adjudication Board (PAB) for air and water pollutionAdjudication of pollution cases is still centralized
18 Compliance Monitoring Ecowatch Program – firms color-coded according to record of compliance with environmental regulationsGold and silver ratings entitle a firm to incentives-technical assistance or relaxation of certain reportorial requirementsBlack rating means that the firm will be under strict agency scrutiny
19 Compliance Monitoring Closer alliance with the JudiciaryCreation of 117 Special Environmental Courts called “ Green Courts”Assistance of Law Students under the “Green Legal Army”Environmental OmbudsmanProvision of insurance coverage for forest guards/rangers ENR enforcement officers, Bantay Gubat members
20 CHALLENGES IN THE DECENTRALIZATION OF FUNCTIONS AND STRENGTHENING OF ENVIRONMENTAL COMPLIANCE AND ENFORCEMENT
21 Conduct of DENR People’s Day by the DENR Field Offices 1. IEC Campaign has to be intensified. Strengthening of information, education and communication down to the grassroots levelConduct of DENR People’s Dayby the DENR Field OfficesBring DENR services closer to the people:holding consultation desksorientation and lecturesprovision of seedlingspatent processing and issuancetechnical assistance
22 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 peopleConsidered as a measure on the extent of enforcement and monitoring of environmental compliance
23 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;
24 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;
25 6. A Local Government Participation Action Plan that will identify opportunities to channel technical and financial assistance to LGUs has to be formulated;
26 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.
27 Preparation of geo-hazard maps for all municipalities of Region 6 at the end of 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.
28 BORACAY ENVIRONMENTAL MASTER PLAN Crystal CaveBat CaveDark Side of Paradise CaveBORACAY ENVIRONMENTAL MASTER PLAN
29 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.