Dao 2001-09

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DENR Administrative Order

No. 2001 – 09
January 16, 2001

SUBJECT : General Guidelines for the


Establishment and Management of
the EIA Review Support Fund.

Pursuant to Executive Order (E.O.) 192 (reorganizing the


Department of Environment and Natural Resources (DENR),
Presidential Decree No. 1586, the Philippine Environmental
Impact Statement (EIS) System and DENR Administrative Order
(DAO) No. 96-37, strengthening the implementation of EIS system
as a planning, regulatory and management tool, the following
implementing guidelines are hereby promulgated.

Section I. General Policy Statement

It is the policy of the DENR to attain and maintain a


balance between socio-economic growth and environmental
protection thru the renewal and conservation of the country’s
natural resources, including the protection and enhancement of the
quality of the environment, not only for the present generation but
for the future generation as well.

It is the DENR’s objective therefore to a) ensure that


environmental considerations are incorporated at the earliest
possible stage of project development and b) further streamline the
current procedures in the conduct of the Environmental Impact
Assessment (EIA) in order to improve its effectiveness as a
planning, regulatory and management tool.

Sec. II Institutional Arrangement

1. Under Section 2.0, Article VIII of DAO 96-37, it is stated that


the proponent shall be responsible for the payment of all costs
related to the review of its EIS/IEE, in accordance with the
guidelines in the Procedural Manual; such review support fund

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shall be handled by the third party, a Fund Manager in order to
achieve greater transparency and objectivity of the EIS review
process.

2. To fully implement the abovecited provision of DAO 96-37 on


the mechanism of the transparent operationalization of the EIS
Review Support Fund System, the Natural Resources
Development Corporation (NRDC) in accordance with its
corporate mandate under E.O. 786, has been commissioned by
the DENR to act as Fund Manager of the EIS Review Support
Fund and be entitled to a management fee equivalent to twenty
percent (20%) of the total estimated review cost.

Sec. III Procedures on Fund Receipt and MOA


Approval

1. The Environmental Management Bureau (EMB) shall officially


notify the NRDC that the project proponent has submitted the
EIS/IEE.
2. The EMB its concerned Regional Office in coordination with
the proponent, shall prepare the EIS Review Work and
Financial Plan (RWFP). The RWFP shall specify a tentative
schedule of the review activities and the estimated cost of such
activities, including management fee, which is equivalent to
twenty percent (20%) of the estimated review cost. Refer to
Annex “A” of the DAO.
3. Upon receipt of an official notification from the EMB its
concerned Regional Office, the NRDC shall enter into
Memorandum of Agreement (MOA) with every proponent for
the purpose of establishing a funding facility to support the
requirements of the EIS review process as specified in the
approved EIS RWFP.
4. The proponent shall secure copy of MOA (prepared by the
NRDC) for their review and comments if there is any. With
the agreement of both parties, the MOA shall be finalized,
signed and notarized. The proponent shall then deposit to
NRDC the full amount representing the mutually agreed cost of
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the review and a management fee equivalent to twenty percent
(20%) of the estimated review cost as specified in the approved
EIS RWFP.
5. NRDC shall receive the deposit and keep it as a Trust fund in
the EIA Review Trust Fund Account. Official receipt shall be
issued by the NRDC;s cashier or designated collecting officer.
6. The signed and duly notarized MOA shall be distributed as
follows:

Proponent - 1 copy
NRDC Records - 1 copy
NRDC Special Projects - 1 copy
EMB/concerned Regional Office - 1 copy
Notarial File - 1 copy

Sec. IV Procedures on Fund Disbursement/


Release

1. Fund Coverage. The “Review Fund” to be managed by NRDC


shall cover the following:

a) Honoraria for EIS Review Committee and invited resource


persons
b) Salaries and Wages for Support Staff
c) Travel Expenses of EIARC members, resource persons and
support staff for conduct of field visits and public hearings.
d) Logistical support such as but not limited to
communication requirements (telephone, fax machine,
etc.), office supplies, cost of reproduction of pertinent
meeting documentation and report preparation.

2. NRDC shall establish a separate EIA Review Trust Fund


account for each region to record all transactions and
expenditures in accordance with the approved EIS RWFP.
3. The NRDC shall designate/assign a Special Disbursing Officer
(SDO) for each region who shall facilitate transactions for
addressing emergency purchases/disbursements, while the

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EMB shall designate EMB Review Fund Coordinator, as
counterpart of NRDC Review Fund Coordinator.
4. NRDC shall disburse funds according to the approved EIS
RWFP. However, NRDC may withheld disbursement until
cash advances granted to pertinent technical review staff or
SDO have been liquidated.
5. NRDC may reimburse expenditures that may be advanced by
the EMB/its concerned Regional Office provided these
expenses are in accordance with the EIS RWFP and supported
by proper documents.
6. Accounting of the Review Support Fund shall follow the
systems and procedures being practiced by Government
Owned and Controlled Corporation (GOCC) and shall conform
to general accounting and auditing rules and regulations.
7. As Fund Manager, the NRDC shall be entitled to a
management fee equivalent to 20% of the estimated review
cost 75% of which shall cover its overhead and administrative
cost, and the remaining 25% shall be held in trust for the
account of the EMB to be used for purposes related to the
strengthening of the EIS review process.
8. Upon completion of the EIS/IEE review process, EMB shall
notify the NRDC and issue a certificate of completion so that
NRDC can prepare a financial disbursement report and refund
to the proponent the entire amount in excess of the sum
actually spent for the EIS/IEE review. Any expense not
accounted for after the refund shall be the responsibility of
EMB/its concerned regional office.

Sec. V Reporting System

To ensure proper coordination and effective


implementation of the EIS Review Fund Management, the
EMB/its concerned Regional Office shall prepare a monthly status
report of the EIS/IEE Review of all projects and furnish a copy to
NRDC. In the same manner, the NRDC shall prepare a monthly
report of collection and disbursement, copy furnished to EMB/its
concerned Regional Office.
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For consistency, the NRDC shall provide a format and
design of the reports that will be used by the EMB/its Regional
Offices in the preparation of status monthly report.

Sec. VI Creation of Review Fund Steering and


Oversight Committee

The Review Fund Steering and Oversight Committee shall


be created to oversee the implementation of the EIA Review
Support Fund System. The Committee shall be composed of the
following members, to wit:

Central Office Regional Office


Chairman EMB Director EMB-Regional Director
Co-Chairman NRDC President Authorized Representative
Members NRDC Fund Chief, EIA Division
Manager (Regional level)
Chief, EIA Division NRDC Regional Fund
Coordinator
EMB Fund EMB Regional Fund
Coordinator Coordinator
Concerned Section
Chief

The Steering and Oversight Committee shall have the


following specific functions, to wit:

a. Formulate basic policies/guidelines in the implementation and


operationalization of the review fund;
b. Review, evaluate and approve the EIS/IEE Review Work and
Financial Plan;
c. Review, evaluate and audit disbursement report;
d. Approve EIS Review Fund Final Financial reports for each
project;
e. The Chairman and members of the Steering and Oversight
Committee and its designated Secretariat shall be entitled to
honoraria.

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f. The Committee shall meet at least twice a month or as often as
necessary as called for by the Chairman.
g. Three (3) members of the Committee shall be considered as a
quorum.

Sec. VII Harnessing the Technical Resource Pool


in the Review Process

The Technical Resource Pool (TRP) and other technical


experts from DENR shall be tapped to comprise the Review
Committee (RevCom) for the EIA Review Process. In case the
required expert for a specific project is not available from the TRP,
other consultants or experts from outside may be invited and
appointed as member of the REVCOM.

Sec. VIII Repealing and Amending Clause

All orders, rules and regulations inconsistent with or


contrary to the provisions of this DAO are hereby repealed or
modified accordingly.

Sec. IX Effectivity

These implementing guidelines shall take effect fifteen


days (15) days following its complete publication in newspaper of
general circulation.

(Sgd.)ANTONIO H. CERILLES
Secretary

Publication:

Philippine Star - March 28, 2001

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