enhancing the philippine environmental impact statement (eis) … · 2014-09-29 · the philippine...

Subproject Proposal

Project Number: 44140 April 2011

TA 7566-REG: Strengthening and Use of Country Safeguard Systems PHI: Enhancing the Philippine Environmental Impact Statement (EIS) System Improvement Initiatives

TA 7566-REG: Strengthening and Use of Country Safeguards Systems SUBPROJECT PROPOSAL

A. Basic Data 1. Date: 1 April 2011 2. Subproject Title: Enhancing the Philippine Environmental Impact Statement (EIS) System Improvement Initiatives 3. Subproject Officer : Genandrialine Peralta, Safeguards Specialist (Environment) 4. Division/Department: SEEN/SERD 5. Country/Region: Philippines 6. Implementing Organization: [ X] ADB [ ] CSO [ X] Environmental Management Bureau 7. Amount Requested: $ 250,000 8. Period this funding request will cover: April 2011 to December 2012 B. Name and Description of Implementing Organization The subproject will be jointly implemented by ADB through Southeast Asia Energy Division (SEEN) and the Department of Environment and Natural Resources (DENR), Environmental Management Bureau (EMB) of the Republic of the Philippines. ADB through its SEEN will administer the TA with respect to consultant recruitment, contract management, and managing disbursements. SEEN will also form part of the oversight team to guide and support subproject implementation. EMB is the national agency with the mandate to implement the Philippine Environmental Impact Statement System (PEISS) as well as other environmental laws. EMB’s Environmental Impact Assessment and Management Division (EIAMD) will partner with SEEN in the implementation of the subproject. EMB-EIAMD shall be responsible in providing overall directions and managing the consultants outputs and subproject activities. ADB will review and oversee the subproject activities and outputs through meetings and reports.

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C. Subproject Description 1. Background and Rationale: The Philippine Environmental Impact Statement System (PEISS) was established by virtue of Presidential Decree 1586 in 1978 which also mandated the National Environmental Protection Council (merged with the National Pollution Control Commission to form EMB) to review and evaluate Environmental Impact Statements. The EMB Central Office is responsible for policy development and review as well as implementation monitoring of the Philippine EIA Law as well as other related environmental laws. It has 16 Regional offices nationwide implementing the PEISS. In 1981, Presidential Proclamation 2146 was issued defining Environmentally Critical Projects (ECP) and Environmentally Critical Areas (ECAs) for purposes of defining coverage of Philippine government requirement for Environmental Impact Assessment (EIA) Study for Environmental Compliance Certificate (ECC) Application. There are six stages in the generic EIA process namely (1) Project Screening, (2) EIA Study Scoping, (3) Conduct of EIA Study and Preparation of Report , (4) Review and Evaluation, (5) Decision-Making, and (6) Environmental Impact and Monitoring. The proponent initiates the first three (3) stages while the EMB takes the lead in the last three stages. The project screening stage allows the proponent to determine if a project will be subject to the EIA Process and secure an ECC. The requirement to undergo the EIA process covers an undertaking which is covered by project types that may pose significant environmental impacts known as Environmentally Critical Projects (ECPs) or projects located in Environmentally Critical Area (ECA). The EIA study scoping stage is spearheaded by the proponent with involvement from EMB, affected community and representatives from the EIA Review Committee (EIARC). The conduct of the EIA study that results in the EIA Report is proponent-driven and includes a description of the proposed project and its alternatives along with the Environmental Management and Monitoring Plan (EMoP). The review and evaluation stage is led by EMB. The proponent’s EIA Report shall be subjected to review and evaluation. For ECPs, the EMB Central Office reviews and evaluates the document while for non-ECP in an ECA, EMB Regional Office spearheads the review and evaluation. In the review and evaluation of the ECC application, EMB commissions experts that forms part of the EIARC. Decision is made by the EMB-DENR. If the decision document merits the issuance of the ECC it is endorsed to concerned agencies (LGUs and other GAs) to help them decide whether to issue the necessary permits/clearances. Environmental impact monitoring and evaluation is led by EMB to ensure project compliance to the environmental aspects as well as conditions set in the ECC and EMP and the effectiveness of environmental measures on mitigation of actual impacts vis-a vis the predicted impacts. The proponent is required to prepare Self Monitoring Reports (SMR) for submission to EMB on a semi-annual basis. The Multi-partite Monitoring Team (MMT) composed of various stakeholders form the pillar for local vigilance to environmental performance of the project. The MMT checks and balances the monitoring of project implementation, validates the environmental performance of the proponent and may recommends courses of action to EMB through the Compliance Monitoring and Validation Report (CMVR). ECC is required prior to the implementation of ECPs and those to be located in ECAs, hence, the PEISS serves as a planning tool for incorporating environmental management measures in the project design as a mechanism of ensuring compliance with other environment laws such as the Clean Air Act, Clean Water Act, Solid Waste Management Act and Toxic Substances and Hazardous Waste Management Act. The past 30 years of PEISS implementation have seen progressive enhancements and improvement initiatives, mostly in the Procedures and Requirements in the conduct and review of EIA Studies and in the Environmental Compliance Reporting. The World Bank provided technical assistance on “Strengthening the Environmental Performance Monitoring and Evaluation System” in 2004 where the ECC Compliance Monitoring and Evaluation System Framework and tools were developed. Copies of these reports were shared with ADB. The ADB likewise provided TA-4686 Harmonization and Managing for Results which funded the development of the latest Procedural Manual and the Web-based Information System support tool for the implementation of the PEISS in 2007, which is still currently being used with incremental enhancements made by EMB based on continuous evaluation. These TA projects from ADB and the World Bank have triggered continuous improvement initiatives in the PEISS. In summary, the following are the major components of the overall PEISS System Enhancement Plan which the EMB intends to implement through an institutionalized incremental continuous improvement mechanism:

1. More objective screening of projects for ECC requirement coverage 2. Standardization & simplification of CNC/ECC application requirements and EIA review 3. Streamlining of procedures 4. Enhancement of the information system and transparency mechanisms 5. Strengthened environmental monitoring system

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6. Strengthening of the lead implementing unit and Institutionalization of Capacity Building Mechanisms Previous enhancement initiatives by the EMB including those supported by various donor agencies like WB and ADB dealt more on items 2, 3, and 5 above. It is requested for ADB to support under this subproject the PEISS enhancements covering 1, 4 and 6. Upstream of the EIA Process, Project Screening (item 1 above) has been identified under the Corruption Vulnerability Assessment Project funded by the European Union as one of the areas that should be looked into in terms of improving governance currently among the priority programs of the Philippine Government. The determination of the requirement for the conduct of EIA Studies for securing the Environmental Compliance Certificate (ECC) has to be made more objective to minimize discretion and make the implementation uniform across 16 Regional Offices administering the PEISS in the entire country (See Annex 1 for the Background on the Basic EIS System Coverage Screening Law /Guidelines). Implementation issues and concerns raised by various stakeholders includes i) lack of information on which projects are covered by the requirement to secure ECC and on other EIA related guidelines, ii) non-uniformity of the requirements across different Regional offices, iii) lengthy processing of ECC applications (despite prescribed maximum processing timeframe), iv) non-implementation of enhanced guidelines such as that of the strengthened monitoring system and v) fast turn-over of EIA technical staff at the EMB and the very dynamic implementing rules and regulations resulting to lack of technical capacity to implement proposed enhancements. Initiatives to address these issues and concerns have actually been started but the agency recognizes the need for additional technical assistance in terms of enhancing the existing guidelines and reinforcing the system in a more systematic way through parallel enhancements in the information system and transparency mechanisms as well as in capacity building mechanisms (items 4 and 6 above) for a more sustainable improvement in the PEISS. These enhancements (1, 4, and 6) which the EMB has requested the ADB to support under this subproject are envisioned not only to improve governance and accountability but will also improve overall PEISS implementation management ensuring that projects/undertakings/development initiatives with significant environmental impacts undergo the EIA Process, that relevant stakeholders are adequately informed/capacitated, that the implementation of the enhancements are sustained through the development of the enhancement monitoring and capacity management system. EMB has approached ADB regarding this CSS proposal since December 2010. On 7 December 2010, EMB visited ADB and made a powerpoint presentation on Enhancing the EIA Requirement Coverage Screening Under the Philippine EIS System (file is available upon request). ADB then explained the RETA 7566 CSS, its objectives and mechanisms. It was agreed during the meeting for EMB to draft the proposal and to submit to ADB by 6 January 2011. The proposal was reviewed iteratively by ADB in January 2011 through a series of emails and telephone discussions. On 2 February 2011, the EMB Director endorsed and submitted the draft proposal to ADB (Annex 3). Thereafter, the proposal was submitted by SEEN/SERD to RSES for formal review.

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2. Outcome(s): Enhanced Philippine Environmental Impact Statement System Performance through Strengthened Environmental Screening and Compliance Monitoring. The outcome level performance target and indicator is increased effectiveness of environmental screening and compliance monitoring.

3. Outputs: OUTPUTs HOW THE EXPECTED OUTPUTS WILL ACHIEVE THE OUTCOME

1. Revised Environmental Impact Assessment Screening Guidelines

The envisioned improvement in the screening guidelines is very critical in enhancing the PEISS as it would provide clearer technical description of projects that are projected to have significant impacts to the environment and therefore required an EIA. The TA shall assist the EMB in identifying problem areas in EIA Screening as well as come up with revised guidelines to address such

2. Updated and Upgraded computer-based Project Screening System

For uniform implementation of the screening guidelines across 16 regional offices, an automated/computerized online screening system has recently been developed. This has lessened the vulnerability to abuse of discretion in the screening process. The TA shall assist the EMB in making the necessary adjustments in the existing system in consideration of the screening guidelines improvements as well as updating the ECA Map. The purchase of a licensed software for a more reliable ECA Map System is may be necessary (free, downloaded software is currently being used)

3. Institutionalized linkage for continuous updating of the ECA Map

Screening for EIA Requirement under the Philippine country system considers not only the type and size of the project but also considers the proposed location of the project. Projects not classified as critical may still be required to conduct EIA if it is located within identified ECAs. The EMB has mapped out ECAs within the Philippine territory based on the existing definition of ECA (which we hope to streamline/simplify under output 1) where there is available geographical data. Based on the existing ECA Definition, at least 14 different agencies were identified as ECA data source. The TA is intended to assist the EMB in the institutionalization of the linkages with various agencies from where the ECA data comes from for the continuous upgrading and updating of the ECA Map which is necessary to sustain this aspect of PEISS System Enhancement initiative

4. Online, web-based project screening information system

As a public disclosure component of the enhanced PEISS, the TA is being requested for the design, development, and implementation of an online web-based project screening information system to increase public accessibility, transparency and better governance. This is an important component of the enhancement as this is envisioned to address current issues raised that the screening guidelines for the EIA requirement coverage is known only to the EMB and EIA Professionals. This is envisioned to allow project proponents determine for themselves if an EIA is required for their proposed projects.

5. IEC Materials and Plan Information dissemination is critical in making more effective the improved screening guidelines and system. Likewise, this is envisioned to address current issues raised that the screening guidelines for the EIA requirement coverage is known only to the EMB and EIA Professionals. The proposed that TA cover the development of IEC Materials with a corresponding IEC Plan customized for stakeholder groups; general public, project proponents, government agencies, EIA Professionals, PEISS Administrators

6. PEISS Implementation Capacity Management System - Capacity Development and Updating/Upgrading Plan

The capacity development of the various actors of the PEISS through the years has difficulty in coping up with the very dynamic system. Inadequate capacity of relevant stakeholders leads to failure in attaining the objectives for which these enhancements are being made. The TA is proposed to cover the development of a PEISS implementation capacity development and updating/upgrading plan for more organized, progressive & coherent capacity building program/system aligned with the dynamic PEISS. The establishment of a Training Institute or linkages among various training institutions including international training institutions shall be explored as an option

7. Enhancement Compliance Monitoring System

With the increasing volume of the regulated community and with 16 regions administering the PEISS, an automated compliance monitoring system to check compliance with policy directives and PEISS enhancement initiatives is currently being used in tandem with a web-based database system. This targets to address concerns that recent enhancements are only implemented at the central office some regional offices. Current audit findings revealed some bugs that need to be addressed in the system for it to be more effective in contributing to the overall enhancement of the PEISS. To ensure compliance with the enhancements to be prescribed for implementation by 16 Regional Offices as well as the EMB Central Office, a systematic compliance monitoring system has to be put in place. This is envisioned to be in the form of guidelines and through expanding and upgrading the existing web-based database.

4. Key Activities and Inputs OUTPUT 1: Revised Environmental Impact Assessment Screening Guidelines 1.1 Assess current EIA screening guidelines (include identification of implementation problem areas 1.2 Review of international best practices in EIA screening 1.3 Drafting of proposed revisions/enhancement to existing guidelines 1.4 Conduct of FGDs, surveys, interviews and workshops, consultation) 1.5 Revision and approval of Screening Guidelines OUTPUT 2: Updated and Upgraded computer-based Project Screening System 2.1 Assessment of existing project screening computer program vis a vis the revised screening guidelines (output 1), feedback from existing users and international best practices; 2.2 Assessment of the ECA map upgrading/updating needs & preparation of new design corresponding action plan 2.3 Review and Approval of New Design and Action Plan 2.4 Updating of existing screening computer program 2.5 Upgrading/updating of the ECA map (securing of geographical coordinates of identified ECA locations) 2.6 Conduct of FGDs, surveys, interviews, workshops, consultation, trainings OUTPUT 3: Institutionalized linkage for continuous updating of the ECA Map 3.1 Interagency coordination meetings & workshops 3.2 Development of a continuous updating system for the ECA map 3.3 Drafting of the memorandum of understanding/agreement with ECA information source agencies on the continuous updating and information access 3.4 Provision of update data and information OUTPUT 4 : Online WEB-BASED PROJECT Screening Information System 4.1Review of international best practices in public web-based project screening information system 4.2 Development of Design and Action Plan for Online Project Screening System 4.3 Review and Approval of the Design and Action Plan 4.4Development of online (through the internet) project screening system including administration system aligned with the internal project screening computer program 4.5 Conduct of FGDs, surveys, interviews, workshops, consultation, trainings, public launching/orientation OUTPUT 5 : IEC Materials and plan on the EIA REQUIREMENT COVERAGE 5.1 Development of an IEC plan for the general public, government agencies, EIA practitioners) 5.2 Preparation of IEC print materials for the identified sectors 5.3 Dissemination of materials to target audiences OUTPUT 6 : Capacity Development and Updating/Upgrading 6.1 Assessment of the EIA capacity building needs in the country vis a vis existing training providers 6.2 Review of best practice experiences in EIA trainings & assessment of the possibility of linkage with EIA training institutions or knowledge providers including international organizations 6.3 Preparation of ground work for the establishment of appropriate training institute/linkages. 6.4 Preparation of Capacity Development Plan 6.5. Review and Approval of Capacity Development Plan OUTPUT 7 : Enhanced Compliance Monitoring System 7.1 Assessment of the existing EIA enhancements compliance monitoring system 7.2 Preparation and Approval of New Design and Action Plan 7.3 Develop enhancements to compliance monitoring system including a system for the auto-generation of nationwide enhanced system compliance report - 7.4 Pilot implementation of compliance monitoring system 7.5 Conduct of FGDs,interviews, workshops, consultation, trainings Consultant inputs are i) EIA Specialist and Team Leader, ii) Information Technology Expert and iii) Environmental Law Expert. Their TORs and duration of assignments are attached to this proposal as Annex 2. Additional inputs may include computer software, workshops, and dissemination activities.

5. Implementation Arrangements, Timetable, and Reporting Plan ADB through SEEN will be the implementing agency with respect to consultant recruitment, contract management and managing disbursements. The ADB subproject team leader is Genandrialine Peralta, Safeguards Specialist (Environment) of SEEN/SERD while Helen Cruda, Environment Specialist, RSES, will be an adviser. The EMB will be the activity implementing agency and has agreed to provide office space in EMB and to work with ADB TA and SEEN

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in support of this proposal to strengthen CSS. The subproject will establish a project office within EMB with associated costs to include secretarial assistance, internet connection fees, communication costs and other administrative expenses. Computer hardware requirement will be provided by the EMB and counterpart contribution in kind will likewise be provided as reflected. The EMB will form a Technical Advisory Group (TAG) to act as the Steering Committee and provide directions for the control, coordination and approval of outputs. The TAG will be composed of EMB and relevant interagency members. A detailed TOR, frequency of meetings and composition of the TAG will be included in the Inception Report. Consultant recruitment will be undertaken in accordance with ADB’s Guidelines on the Use of Consultants (2010, as amended from time to time). Disbursements will conform to ADB’s Technical Assistance Disbursement Handbook (May 2010, as amended from time to time). Procurement of Equipment will follow ADB’s Procurement Guidelines (April 2010, as amended from time to time).

Subproject activity reviews will conducted at least every quarter for progress assessments. The TA will be required to prepare and submit semi-annual reports to ADB. An Inception Report will be submitted two months after the consultants’ mobilization. Timeline The subproject will be implemented in approximately 22 months in the following phases: Phase 1: Review and Enhancement of EIA Screening Guidelines (8 months) The review and enhancement of EIA Screening Guidelines will involve assessment of the existing system (includes securing feedback from various stakeholders), drafting of the revised guidelines which shall entail parallel consultations with various stakeholders (Output 1) Phase 2: Enhancement of Tools for the effective implementation of PEISS System Enhancements (6 months) In order to ensure effective implementation of the guidelines, necessary tools such as the computer-based project screening system as well as a publicly accessible online screening system has to be developed/updated/upgraded. Systems to ensure its sustainability, institutionalization of the linkages with ECA Source Agencies and the development of an enhancement compliance monitoring system has to be put in place. (Outputs 2, 3,4,7) Phase 3: Information Dissemination and Capacity Building (8 months) The enhancement of the system and the development of enhanced guidelines will never be complete without properly informing and educating relevant stakeholders. This Phase will involve development of IEC Materials and conduct of capacity building for various stakeholder groups. Likewise, to sustain the adequate capacity to effectively implement the enhancements, an implementation capacity management system has to be developed. (Outputs 5 and 6) Major Activities/Month 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

Phase 1 Assessment of current EIA Screening Guidelines and review of international best practices in EIA Screening including surveys & interviews

Drafting of proposed revisions/enhancement to existing guidelines

1

Consultations/Feedback consolidation on the draft screening guidelines

Phase 2 Updating and upgrading of the computer-based project screening system

2

Institutionalization of the linkages among ECA source agencies

3

Setting up of a publicly accessible online screening system

4

Development of a PEISS Enhancement Compliance Monitoring System

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Phase 3 Development of IEC materials and plan 5 Conduct of capacity building for various stakeholder groups

Development of an Implementation Capacity Management System

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Milestones: Items highlighted in green are the indicative schedule of completion of the following Outputs 1.Revised Environmental Impact Assessment Screening Guidelines 2.Updated & Upgraded computer-based Project Screening System 3.Institutionalized linkage for continuous updating of the ECA Map 4.Online Web-based Project Screening Information System 5. IEC Materials and plan on the EIA requirement coverage 6. PEISS Implementation Capacity Management System 7. Compliance Monitoring System

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6. Subproject Completion and Information Dissemination Information dissemination will be conducted as part of the implementation. This can be accomplished through (i) enhancement of the EIA Website - making it interactive, (ii) development of IEC Plan customized for various stakeholder groups: general public, project proponents, government agencies, EIA Professionals, PEISS Administrators and (iii)development and printing of the primer on the PEISS for the General Public and primer on the PEISS for prospective investors/project proponents A subproject completion report will be prepared after the completion of the project D. Subproject Eligibility Please see attached checklist E. Cost Estimate in USD

Item Partner(s) Contribution*

TA 7566 Contribution

Total

1. Consultants a) Remuneration and per diem i) International consultants

ii) National consultantsa 112,400 112,400 b Local travel 5,000 25,000 30,000 c) Reports and communication 15,000 15,0002. Equipmentb 60,000 32,000 92,0003. Trainings, workshops, seminars 30,000 50,600 80,6004. Targeted studies, study tours 5. Administration and support costs 30,000 30,0006. Contingency 30,000

Total Expenses 140,000 250,000 390,000a Breakdown for National consultants (see Annex 2 for details) EIA Specialist, Team Leader and Coordinator (16 months) - 58,800 Information Technology-GIS Specialist (14 months) – 33,600 Environmental Law Specialist (3 months) - 20,000 bHardware from EMB – US$60,000; GIS software from ADB – US$32,000

*In-kind contributions from EMB

F. Proposed Subproject Monitoring Framework

Design Summary Performance Targets/Indicators

Data Sources/Reporting Mechanisms

Assumptions/Risks

Outcome(s) Enhanced Philippine Environmental Impact Statement System Performance through Strengthened Environmental Screening and Compliance Monitoring

Increased effectiveness of environmental screening and compliance monitoring through development of guidelines, enhancement of systems and tools, development of enhancement monitoring system/tool and institutionalization of capacity building mechanisms

Data Sources: Interviews, surveys,

previous screening implementation compliance/ audit report

Reporting Mechanisms: Comparative

evaluation report of Improved Screening Guidelines versus the old guidelines

Comparative evaluation report of Improved Computer System for screening including Updated ECA Maps vs. the existing maps

There is an imminent change in DENR/ EMB Management. However, the government commitment of this proposal will continue.

Outputs OUTPUT 1: Revised Environmental Impact Assessment Screening Guidelines OUTPUT 2: Updated and Upgraded computer-based Project Screening System OUTPUT 3: Institutionalized linkage for continuous updating of the ECA Map OUTPUT 4 : Online WEB-BASED PROJECT Screening Information System OUTPUT 5 : IEC Materials and plan on the EIA REQUIREMENT COVERAGE OUTPUT 6 : Capacity Development and Updating/Upgrading OUTPUT 7: Enhanced Compliance Monitoring System

EIA Screening Guidelines revised and adopted at national level Project Screening System operationalized and utilized in all Philippine regions Interagency agreements signed. Data and information provided by 2012 Online WEB-BASED PROJECT Screening Information System developed and operationalized and utilized for 1000 screenings per year IEC plan developed, materials produced, and disseminated to target audiences Capacity Development Plan approved for implementation by DENR and/ or EMB Compliance Monitoring System operationalized and utilized by the EMB Central Office for all Philippine regions

Key information sources are available within the schedule since the delay in this output will cause delay in the other outputs Networking with various government agencies will be done smoothly The Consultant should have established network with various educational and training institutions for EIA and familiar with the Philippine EIS System and corresponding issues and concerns

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Activities with Milestones (assuming April 2011 as start date) OUTPUT 1: Revised Environmental Impact Assessment Screening Guidelines 1.1 Assess current EIA screening guidelines (include identification of implementation problem areas) - (June 2011) 1.2 Review of international best practices in EIA screening - (June 2011) 1.3 Drafting of proposed revisions/enhancement to existing guidelines - (July 2011) 1.4 Conduct of FGDs, surveys, interviews and workshops, consultation) - (August to Oct 2011) 1.5 Revision and approval of Screening Guidelines - (November 2011) OUTPUT 2: Updated and Upgraded computer-based Project Screening System 2.1 Assessment of existing project screening computer program vis a vis the revised screening guidelines (output 1), feedback from existing users and international best practices; - (Oct-Nov 2011) 2.2 Assessment of the ECA map upgrading/updating needs & preparation of new design corresponding action plan - (Oct – Dec 2011) 2.3 Review and Approval of New Design and Action Plan - (Dec 2011 to Jan 2012) 2.4 Updating of existing screening computer program - (January to February 2012) 2.5 Upgrading/updating of the ECA map (may necessitate securing of geographical coordinates of identified ECA locations); - (March to April 2012) 2.6 Conduct of FGDs, surveys, interviews, workshops, consultation, trainings - (October 2011 to May 2012) OUTPUT 3: Institutionalized linkage for continuous updating of the ECA Map 3.1 Interagency coordination meetings & workshops - (January tp March 2012) 3.2 Development of a continuous updating system for the ECA map - (March 2012) 3.3 Drafting of the memorandum of understanding/agreement with ECA information source agencies on the continuous updating and information access - (April 2012) 3.4 Provision of update data and information - (April – May 2012) OUTPUT 4 : Online WEB-BASED PROJECT Screening Information System 4.1 Review of international best practices in public web-based project screening information system - (Oct 2011) 4.2 Development of Design and Action Plan for Online Project Screening System. - (Nov to Dec 2011) 4.3 Review and Approval of the Design and Action Plan - (Jan

Inputs: ADB TA 7566 $250,000 Government of Philippines $140,000

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2012) 4.4 Development of online (through the internet) project screening system (including administration system) aligned with the internal project screening computer program - ( Feb to April 2011) 4.5 Conduct of FGDs, surveys, interviews, workshops, consultation, trainings, public launching/orientation - (Oct 2011 to May 2012) OUTPUT 5 : IEC Materials and plan on the EIA REQUIREMENT COVERAGE 5.1 Development of an IEC plan for the general public, government agencies, EIA practitioners; - (May 2012) 5.2 Preparation of IEC print materials for the identified sectors - (June 2012) 5.3 Dissemination of materials to target audiences - July 2012) OUTPUT 6 : Capacity Development and Updating/Upgrading 6.1 Assessment of the EIA capacity buildingneeds in the country vis a vis existing training providers - (April 2012) 6.2 Review of best practice experiences in EIA trainings & assessment of the possibility of linkage with EIA training institutions or knowledge providers including international organizations - (April 2012) 6.3 Preparation of ground work for the establishment of appropriate training institute/linkages - (May to June 2012) 6.4 Preparation of Capacity Development Plan - (July-August 2012) 6.5. Review and Approval of Capacity Development Plan - (Sept to Nov 2012) OUTPUT 7 : Enhanced Compliance Monitoring System 7.1 Assessment of the existing EIA enhancements compliance monitoring system - (June 2012) 7.2 Preparation and Approval of New Design and Action Plan - (July 2012) 7.3 Develop enhancements to compliance monitoring system including a system for the autogeneration of nationwide enhanced system compliance report - (Aug to Sept 2012) 7.4 Pilot implementation of compliance monitoring system (Oct 2012 to Jan 2013) 7.5 Conduct of FGDs, interviews, workshops, consultation, trainings - (June to Dec 2012) 1. PREPARED BY: (Name, Signature and Date) 2. ENDORSED BY DIVISION DIRECTOR/COUNTRY DIRECTOR: (Name, Signature and Date) Approved by Director General: (Name, Signature and Date)

TA 7566-REG: Strengthening and Use of Country Safeguards Systems ELIGIBILITY CRITERIA CHECKLIST

Eligibility Criteria State how the proposed subproject meets the

TA’s subproject eligibility criteria RSES Comments

1.) Intervention is in one or more of the TA's priority areas (please mark one or more of the following criteria):

[ ] legal and regulatory framework, rules, and/or procedures on environmental assessment and management,1 involuntary resettlement, and Indigenous Peoples safeguards

[ ] institutional strengthening and capacity development of relevant government institutions or agencies, CSOs, and/or other stakeholder groups to implement, enforce, and comply with national laws and regulations on environmental assessment and management, involuntary resettlement, and Indigenous Peoples;2

Implementation tools & materials will be developed / procured and trainings, orientations will be conducted to strengthen the capacity of relevant stakeholders in the implementation of the improved system. The subproject TA intends to develop online systems and IEC materials to increase transparency on the improved guidelines thereby increasing public awareness and participation.

[ ] state-owned and/or private sector companies' environmental and social management systems;3

[ ] public awareness and participation in environmental and social assessment, planning, and implementation processes;

[ ] targeted training programs and/or studies on environmental and social safeguards for governments including the judiciary, CSOs, media, academia, and/or other stakeholder groups;

[ ] demonstration activities (“South-South initiatives", such as through twinning arrangements).

2.) The subproject is fully in line with and supportive of DMCs' priorities identified in their development plans and programs and with ADB's country partnership strategies.

The improvement of the Philippine EIS System, being a planning tool for project development and implementation has always been a priority of the country as reflected in the continuous updating of the implementing rules and regulations. This is likewise true for ADB and is in line with its partnership strategies.

3.) The subproject balances the use of international and national consultants and emphasizes the transfer of international experience and knowledge to governments, CSOs, and staff of other domestic organizations in the DMC.

The proposed TA is intended to utilize only local consultants who have enough qualifications to carry out the tasks. The local consultants are expected to have enough knowledge on international best practices in Project Screening and have access or knowledge on relevant international experiences and EIA institutions.

1 This may include the environmental assessment process, pollution prevention and abatement, biodiversity conservation and sustainable

natural resources management, occupational and community health and safety, and physical cultural resources. 2 This may include activities for improved institutional arrangement and administrative procedures, inter-agency coordination and

governance, and for effective compliance monitoring and enforcement. 3 This may include activities for enhanced corporate environmental and social policies, project safeguard review, and monitoring and

reporting system.

Annex 5

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Eligibility Criteria State how the proposed subproject meets the TA’s subproject eligibility criteria

RSES Comments

4.) The subprojects is complementary but does not substitute nor duplicate ADB ongoing or pipeline activities (i.e., the TA does not finance subprojects that are normally financed by project preparatory TA work or by other funds managed by ADB, including the Japan Special Fund).

The subproject does not substitute nor duplicate ADB ongoing or pipeline activities.

5.) The proposed subproject cost does not exceed $250,000.

The proposed subproject is estimated to cost around $250,000 to be funded from TA. An additional in kind counterpart contribution of 139,000 is expected.

6.) Counterpart funds for the subproject (in cash and/or in kind) are expected to be committed by the DMC.

Person-hours of personnel, office space, small group meeting/FGD venue, use of equipment, office supplies for project management daily operational needs (supplies for workshops shall be funded by ADB)

7.) The DMC has been requested to endorse the TA and to appoint a focal point.

The Government endorsed the TA and appointed a focal point. A letter of no objection will be solicited from the Philippine government.

PREPARED BY: (Name, Signature and Date) (Division, Department)Reviewed by RSES TA Team: (Name, Signature and Date)

ANNEX 1 : Background Information on the Basic EIS System Coverage Screening Law /Guidelines

MALACANANG MANILA

BY THE PRESIDENT OF THE PHILIPPINES

PROCLAMATION NO. 2146 PROCLAIMING CERTAIN AREAS AND TYPES OF PROJECTS AS ENVIRONMENTALLY CRITICAL AND WITHIN THE SCOPE OF THE ENVIRONMENTAL IMPACT STATEMENT SYSTEM ESTABLISHED UNDER PRESIDENTIAL DECREE NO. 1586. WHEREAS, it is the national policy to attain and maintain a rational and orderly balance between socio-economic growth and environmental conservation and protection; WHEREAS, there is an urgent need to bring about intensive, integrated program of environmental protection through a requirement of environmental impact assessments and statements; WHEREAS, the environmental impact statement system established under Presidential Decree No. 1586 calls for the proper management of environmentally critical area; WHEREAS, the pursuit of a comprehensive and integrated environmental protection program necessitates the establishment and institutionalization of a system whereby the exigencies of socio-economic undertakings can be reconciled with the requirements of environmental protection and conservation; WHEREAS, the national leadership mandates the establishment of such a system to regulate and minimize the environmental impacts of projects and undertakings which may significantly affect the quality of the environment in Presidential Decree No. 1586, and WHEREAS, in the effective implementation of such a system, there arises the need to identify and declare certain projects determined to be environmentally critical. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by law, hereby proclaim the following areas and types of projects as environmentally critical and within the scope of the Environmental Impact Statement System,

A. Environmentally Critical Projects (detailed categorization in Annex 2‐1b of the Procedural Manual for DENR Administrative Order 2003 – 30 downloadable at www.emb.gov.ph)

I. Heavy Industries

a. Non-ferrous metal industries b. Iron and steel mills c. Petroleum and petro-chemical industries including oil and gas d. Smelting plants

II. Resource Extractive Industries

a. Major Mining and quarrying projects b. Forestry projects

1. Logging 2. Major wood processing projects 3. Introduction of fauna (exotic animals) in public/private forests 4. Forest occupancy 5. Extraction of mangrove products 6. Grazing

c. Fishery Projects 1. Dikes for/and fishpond development projects

III. Infrastructure Projects

a. Major Dams b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or geothermal) c. Major reclamation projects d. Major loads and bridges

B. Environmentally Critical Areas (more detailed description in the Procedural Manual for DAO 2003 – 30 copy

below)

1. All areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries;

2. Areas set aside as aesthetic potential tourist spots; 3. Areas which constitute the habitat for any endangered or threatened species

of indigenous Philippine Wildlife (flora and fauna); 4. Areas of unique historic, archaeological, or scientific interests; 5. Areas which are traditionally occupied by cultural communities or tribes; 6. Areas frequently visited and/or hard hit by natural calamities (geologic

hazards, floods, typhoons, volcanic activity, etc.); 7. Areas with critical slopes; 8. Areas classified as prime agricultural lands; 9. Recharged areas of aquifers;

10. Water bodies characterized by one or any combination of the following

conditions:

a. tapped for domestic purposes; b. within the controlled and/or protected areas declared by appropriate

authorities; c. which support wildlife and fishery activities

11. Mangrove areas characterized by one or any combination of the following conditions:

a. With primary pristine and dense young growth; b. Adjoining mouth of major river systems; c. Near or adjacent to traditional productive fry or fishing grounds; d. Which act as natural buffers against shore erosion, strong winds and

storm floods; e. On which people are dependent for their livelihood.

12. Coral reefs characterized by one or any combination

of the following conditions:

a. with 50% and above live coralline cover; b. Spawning and nursery grounds for fish; c. Which act as natural breakwater of coastlines.

This Proclamation shall take effect immediately.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed. Done in the City of Manila, this 14th day of December, in the year of Our Lord, nineteen hundred and eighty-one.

(SGD.) Ferdinand E. Marcos

President of the Philippines

ECA DEFINITIONS (PP2146) AND TECHNICAL DESCRIPTIONS 1. Areas declared by law as national parks, watershed reserves, wildlife preserves, and sanctuaries Areas declared as such under Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS)

Act, Areas declared as such through other issuances from pertinent government agencies including other similar

proclamations, executive orders, local ordinances and international commitments and declarations.

2. Areas set aside as aesthetic, potential tourist spots Aesthetic potential tourist spots declared and reserved by the Department of Tourism (DOT) or other appropriate

authorities for tourism development.

3. Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine Wildlife (flora and fauna) Areas declared as such under Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS)

Act,

Areas declared as such through other issuances from pertinent government agencies including other similar proclamations, executive orders, local ordinances and international commitments and declarations.

4. Areas of unique historic, archeological, geological, or scientific interests Areas which are more than 100 years old and declared as Historic Sites/Structures by the National Historical

Institute, Archeological, Paleontological and Anthropological Sites/Reservations as recognized by the National Museum, Areas of cultural and scientific significance to the nation as recognized through national or local laws or ordinances

(e.g. declared geological monuments and scientific research areas and areas with cultural heritage significance as declared by the Local Government Units or the National Commission for Culture and the Arts)

5. Areas which are traditionally occupied by cultural communities or tribes Areas issued Certificate of Ancestral Domain Title (CADT) by National Commission on Indigenous Peoples (NCIP) Areas issued Certificate of Ancestral Domain Claim (CADC) by the NCIP Areas that are historically/traditionally occupied as ancestral lands or ancestral domains by indigenous communities

as documented in reputable publications or certified by competent authorities

6. Areas frequently visited and or hard-hit by natural calamities The area shall be so characterized if any of the following conditions exist:

6.1 Geologic hazard areas: Areas classified by the Mines Geosciences Bureau as low, moderate and high landslide susceptibility:

18 - 35 degree slope gradient; with indicative and/or old landslides and with small tension cracks Areas prone to land subsidence and ground settling; areas with sinkholes and sags as determined by

the Mines Geosciences Bureau or certified by competent authorities

6.2 Flood-prone areas: Areas with greater than 1 meter flood height. These areas are immediately flooded during heavy rains

of several hours; include landforms of topographic lows such as active river channels, abandoned river channels and areas along river banks; also prone to flashfloods.

6.3 Areas frequently visited or hard-hit by typhoons:

This shall refer to all areas where typhoon signal no. 4 was hoisted for at least twice (2x) a year during the last five (5) years prior to the year of reckoning. For example, a determination made in 2007 will consider the weather records from 2002 to 2006.

6.4 Areas prone to volcanic activities/earthquakes:

This refers to all areas around active volcanoes identified as permanent danger zones by Philippine Institute of Volcanology and Seismology (PHIVOLCS),

Areas within 5 meters from both sides of active faultlines as determined by PHILVOCS. 7. Areas with critical slope This shall refer to all lands with slope of 50% or more as determined from the latest official topographic map from

NAMRIA

8. Areas classified as prime agricultural lands Prime Agricultural lands shall refer to lands that can be used for various or specific agricultural activities and can

provide optimum sustainable yield with a minimum of inputs and developments costs as determined by Department of Agriculture or concerned LGU.

9. Recharge areas of aquifers Recharge areas of aquifers shall refer to sources of water replenishment where rainwater or seepage actually

enters the aquifers.

Areas under this classification shall be limited to all local or non-national watersheds and geothermal reservations.

10. Water bodies Waters that are tapped for domestic purposes (Class A , AA, SA) or within controlled and/or protected areas

declared under Republic Act No. 7586 or the National Integrated Protected Areas System (NIPAS) Act, and other issuances from pertinent government agencies including other similar proclamations, executive orders, local ordinances and international commitments and declarations

Those which support wildlife and fishery activities (Class B, SB, C & SC) 11. Mangrove Areas

Characterized by one or any combination of the following conditions as certified by the government authorities indicated: a. with primary pristine and dense young growth b. adjoining mouth or major river systems c. near or adjacent to traditional productive fry or fishing grounds d. which act as natural buffers against shore erosion, strong winds and storm floods

12. Coral Reefs

Characterized by one or any combination of the following conditions: a. With 50% and above live coralline cover b. Spawning and nursery grounds for fish c. Which act as a natural breakwater of coastlines

ECA Map Data Sources and Status of Mapping

ECA Data Source Year Total ECAs

Status of Mapping

Actual Maps Indicative Maps Remarks

No. Scale No. Data Type; Boundaries

1

Pre‐NIPAS Protected Areas

PAWB 2009 202 125 Exact coordinates

77 Point; City/ Municipality

NIPAS Protected Areas


11 Point; City/Municipality

2 Existing Tourist Spots

DOT 2009 2822 2822 Point; Barangay, City/Municipality

Tourism Areas Concerned LGU

Will use CLUP, LGU Reso‐lutions

3

Pre‐NIPAS Protected Areas


77 Point; City/Municipality

NIPAS PAWB 2009 109 98 Exact 11 Point;


Status of Mapping



Protected Areas

coordinates City/Municipality

4

Historical Sites & Structures

NHI 2009 714 714 Point; City/Municipality

Archaeological, Paleontological and Anthropological Sites & Reservations

NM 2009 105 105 Point; City/Municipality

5 CADT NCIP 2009 52 52 Exact coordinates

CADC NCIP 2009 136 136 Exact coordinates

6.1 Landslide Hazard Areas

MGB 2009 SatelliteData

1:50,000

6.2 Flood Hazard Areas

MGB 2009 SatelliteData

1:50,000

6.3 Typhoon Areas PAG‐ASA 2005‐2009

3 3 1:250,000

6.4 Permanent Danger Zones

PhiVolcs 2009 5 5 1:1,000

Volcanoes PhiVolcs 2009 414 414 Point; City/Municipality

Active Faultlines

PhiVolcs 2009 Use of Paper Maps

7 Slope of 50% or more

NAMRIA 2009 SatelliteData

1:250,000

8 Prime Agricultural Lands

Concerned LGU

Latest available

CLUP

9

Proclaimed Watersheds

FMB 2009 235 235 Polygon/Point; City/Municipality

Critical Watersheds

FMB 2009 177 147 1:50,000 30 Point; City/Municipality

Geothermal Prospect Areas

DOE 2009 29 29 Polygon

10 Rivers (Categories A‐C and SA‐SC

NAMRIA 2007 833 833 1:50,000

Lakes NAMRIA 2009 47 47 1:50,000


Status of Mapping



11 Mangrove Areas

NAMRIA 2009 SatelliteData

1:50,000

12 Coral Reef Areas

MSI 2004 SatelliteData

Notes: Actual Map – with geographical coordinates (shape file – polygon data) Indicative map – shows only indicative locations based on data provided as barangay or municipal/city location or point GIS data

PAWB – Protected Areas and Wildlife Bureau DOT – Department of Tourism LGU – Local Government Units CLUP – Comprehensive Land Use Plan NHI – National Historical Institute NM – National Museum NCIP‐ National Council for Indigenous People MGB – Mines and Geoscience Bureau PAG‐ASA – Philippine Atmospheric, Geophysical and Astronomical Services Administration Phivolcs ‐ Philippine Institute of Volcanology and Seismology NAMRIA – National Mapping and Resource Information Authority FMB‐ Forest Management Bureau DOE – Department of Energy UP‐MSI – University of the Philippines Marine Science Institute

SUMMARY STATUS OF ECA MAP FORMS

ECA Actual

ECA Maps Indicative ECA Maps

Paper Maps

CLUP Other Legal Documents

1 Protected Areas

2 Tourist Spots Barangay

Resolutions, etc.

3 Protected Areas

4 Historical &

Geological Sites

5 Ancestral Lands

6-1 Geologic Hazard

Areas

6-2 Flood-Prone

Areas

6-3 Typhoon-Visited

Areas

6-4 Volcanic/

Earthquake-Prone Areas

7 Critical Slope

Areas

8 Prime

Agricultural Lands

9 Recharge Areas

of Aquifer

10 Water Bodies 11 Mangrove Areas 12 Coral Reefs

Annex 2

TA 7566-REG: Strengthening and Use of Country Safeguard Systems

Subproject Proposal

Enhancing the Philippine Environmental Impact Statement (EIS) System Improvement

Initiatives

TERMS OF REFERENCE FOR NATIONAL CONSULTANTS

I. EIA Specialist, Team Leader and Coordinator (16 person-months)

A. Expertise/Qualification Requirements - Has extensive experience and knowledge in the Philippine EIS System (project,

program and policy level) (at least 10 years experience) - Has extensive knowledge in Philippine Environmental Laws - Familiar with the issues and concerns in the implementation of the PEISS especially in

project screening - Has extensive experience in the coordinating government agencies - Has extensive knowledge/Experience in the development of Environmental IEC

Materials for various sectors - Preferably has established network with various government agencies especially those

ECA Information source agencies

B. Terms of Reference

1. Team Leader- As team leader, the consultant will: i. Leads the consultant team on all technical matters and in the accomplishment of

outputs ii. Act as secretariat for the Technical Advisory Group iii. Reviews the Outputs of the Other consultants and endorse outputs for EMB and

ADB Approval iv. Overall in-charge in synchronizing the outputs of individual consultants v. Edit and finalize all project reports and other documentation vi. Ensure that all necessary approvals are obtained from Government and ADB with

respect screening guidelines, project screening system re-design, online screening system design, enhance compliance monitoring system design, and the capacity development plan

vii. Draft the Project Completion Report

2. Project Coordinator – As project coordinator, the consultant will: i. Be in charge in overall coordination of consultant activities and outputs ii. Handle day to day project planning, control and overall management in coordination with EMB-assigned project manager iii. Coordinate progress reporting to ADB

3. EIA Specialist – As EIA Specialist, the consultant will :

OUTPUT 1: Revised Environmental Impact Assessment Screening Guidelines 1.1 Assess current EIA screening guidelines (include identification of implementation problem areas 1.2 Review of international best practices in EIA screening 1.3 Drafting of proposed revisions/enhancement to existing guidelines

Annex 2

1.4 Conduct of FGDs, surveys, interviews and workshops, consultation 1.5 Revision and approval of Screening Guidelines OUTPUT 2: Updated and Upgraded computer-based Project Screening System 2.3 Coordinate the Review and Approval of New Design and Action Plan 2.6 Coordination of FGDs, surveys, interviews, workshops, consultation, trainings OUTPUT 3: Institutionalized linkage for continuous updating of the ECA Map 3.1 Interagency coordination meetings & workshops 3.2 Development of a continuous updating system for the ECA map 3.3 Drafting of the memorandum of understanding/agreement with ECA information source agencies on the continuous updating and information access 3.4 Provision of update data and information OUTPUT 4: Online WEB-BASED PROJECT Screening Information System 4.3 Coordinate Review and Approval of the Design and Action Plan 4.5 Coordination of FGDs, surveys, interviews, workshops, consultation, trainings, public launching/orientation OUTPUT 5: IEC Materials and plan on the EIA REQUIREMENT COVERAGE 5.1 Development of an IEC plan for the general public, government agencies, EIA practitioners) 5.2 Preparation of IEC print materials for the identified sectors 5.3 Dissemination of materials to target audiences OUTPUT 6: Capacity Development and Updating/Upgrading 6.1 Assessment of the EIA capacity building needs in the country vis a vis existing training providers 6.2 Review of best practice experiences in EIA trainings & assessment of the possibility of linkage with EIA training institutions or knowledge providers including international organizations 6.3 Preparation of ground work for the establishment of appropriate training institute/linkages. 6.4 Preparation of Capacity Development Plan 6.5. Review and Approval of Capacity Development Plan OUTPUT 7: Enhanced Compliance Monitoring System 7.2 Coordination of Preparation and Approval of New Design and Action Plan 7.4 Oversight of Pilot implementation of compliance monitoring system 7.5 Coordination of FGDs, interviews, workshops, consultation, trainings

C. Deliverables

The EIA Specialist, Team Leader and Coordinator will provide the following deliverables:

i. Draft and final screening guidelines; ii. Reports on results of FGDs, surveys, interviews and workshops, consultation

undertaken for all outputs; iii. Draft memorandum of understanding/agreement with ECA information source

agencies on the continuous updating and information access; iv. Print ready IEC materials v. Draft and final capacity development plans. vi. Progress Reports vii. Subproject Completion Report

Annex 2

II. Information Technology-GIS Specialist (14 person months)

A. Expertise/Qualification Requirements - Expert / has extensive experience in the development of Environmental Database (at

least 5 yrs experience) - Has extensive knowledge on the Philippine EIS System - Knowledgeable in GIS applications in environmental management (at least 5 yrs

experience) - Very familiar with the existing EIA Databases & Information System at EMB

B. Terms of Reference

The Information Technology-GIS Specialist will undertake the following tasks:

OUTPUT 2: Updated and Upgraded computer-based Project Screening System

2.1 Assessment of existing project screening computer program vis a vis the revised screening guidelines (output 1), feedback from existing users and international best practices; 2.2 Assessment of the ECA map upgrading/updating needs & preparation of new design corresponding action plan 2.3 Review and Approval of New Design and Action Plan 2.4 Updating of existing screening computer program 2.5 Upgrading/updating of the ECA map (securing of geographical coordinates of identified ECA locations) 2.6 Conduct of FGDs, surveys, interviews, workshops, consultation, trainings OUTPUT 4: Online WEB-BASED PROJECT Screening Information System 4.1 Review of international best practices in public web-based project screening information system 4.2 Development of Design and Action Plan for Online Project Screening System 4.3 Review and Approval of the Design and Action Plan 4.4 Development of online (through the internet) project screening system (including administration SYSTEM) ALIGNED WITH THE internal project screening computer program 4.5 Conduct of FGDs, surveys, interviews, workshops, consultation, trainings, public launching/orientation OUTPUT 7: Enhanced Compliance Monitoring System 7.1 Assessment of the existing EIA enhancements compliance monitoring system 7.2 Preparation and Approval of New Design and Action Plan 7.3 Develop enhancements to compliance monitoring system including a system for the auto-generation of nationwide enhanced system compliance report - 7.4 Pilot implementation of compliance monitoring system 7.5 Conduct of FGDs, interviews, workshops, consultation, trainings

C. Deliverables The Information Technology-GIS Specialist will provide the following deliverables:

i. Draft and final reports for the Design and Action Plan for Enhanced Project Screening System;

ii. Development, testing, and delivery of the Enhanced Project Screening System iii. Draft and final reports for the Design and Action Plan for the Online WEB-BASED

PROJECT Screening Information System;

Annex 2

iv. Development, testing, and delivery of the Online WEB-BASED PROJECT Screening Information System;

v. Draft and final reports for the Design and Action Plan for Enhance Compliance Monitoring System;

vi. Development, testing, and delivery of the Enhanced Compliance Monitoring System;

vii. Draft reports on results of FGDs, surveys, interviews and workshops, consultation undertaken for the outputs (Enhanced Project Screening System; the Online WEB-BASED PROJECT Screening Information System; the Online WEB-BASED PROJECT Screening Information System)

III. Environmental Law Specialist (3 person months)

A. Expertise/Qualification Requirements

- Expert in Philippine and International Environmental Laws (at least 10 years

experience; preferably with a degree in Environmental Law) - Expert and has extensive experience in Project, Program and Policy level EIA (at least

10 years) - Has extensive knowledge on Strategic Environmental Assessment (SEA) - Has extensive knowledge on Philippine Institutional Situation B. Terms of Reference: The Environmental Law specialist should be familiar with the Philippine environmental laws with knowledge of other related civil laws. He/she will (i) Conduct thorough review and evaluation and provide guidance on the legal as well

as strategic aspects of the following outputs: - Revised Environmental Impact Assessment Screening Guidelines - Institutionalized linkage for continuous updating of the ECA Map (ii) Provide inputs in the project completion report (iii) Act as resource person/facilitator in major consultations.

C. Deliverables (i) Recommendation on revision (legal) form options for the screening guidelines (ii) Proposed SEA for projects formerly covered by the old system but will no longer be

covered due to revision of screening guidelines (iii) Report and recommendations in terms of legal and strategic aspects of the following

outputs: - Revised EIA screening guidelines - Institutionalized linkage for continuous updating of the ECA map - Memorandum of agreement among relevant agencies providing data