something for smi's legal eagles

This may be of some use in appealing the EEC decision.

DENR MEMORANDUM CIRCULAR
NO. 2007 - 08

Excerpt:

"the current practice of requiring the issuance of
Environmental Compliance Certificate (ECC).....is hereby streamlined, as follows:

1. No permits, and/or clearances issued by other National
Government Agencies and Local Government Units shall be
required in the processing of ECC or CNC applications."




It comes out of a pdf, which I won't be bothering to reformat here.


DENR MEMORANDUM CIRCULAR
NO. 2007 - 08
SUBJECT : 8lmplifping the Requirement8 for
Environmental Compliance Certificate or
Certificate of Ron-Coverage Applications
Pursuant to Malacaiiang Administrative Order No. 42, Rationalizing
the Implementation of the Philippine Environmental Impact Statement
(EIS) System, and DENR Administrative Order No. 2003-30,
Implementing Rules and Regulations for the Philippine Environmental
Impact Statement (EIS)System, requiring the conduct and evaluation
of the EIA at the earliest stage of the project cycle and preferably with
the feasibility, 'the current practice of requiring the issuance of
Environmental Compliance Certificate (ECC)or Certificate of
Ron-Coverage (CNC)is hereby streamlined, as follows:
1. No permits, and/or clearances issued by other National
Government Agencies and Local Government Units shall be
required in the processing of ECC or CNC applications.
2. The findings and recommendations of the EIA shall be
transmitted to relevant government agencies for them to
integrate in their decision making prior the issuance of
clearances, permits and licenses under their mandates.
3. The issuance of an ECC or CNC for a project under the EIS
System does not exempt the proponent from securing other
government permits and clearances as required by other laws.
The current practice of requiring various permits, clearances
and licenses only constrain the EIA evaluation process and
negate the purpose and function of the EIA.
All DENR, EMB and MGB Regional Ofices are hereby instructed to
conduct an Information, Education and Communication (IEC)
campaign on this matter.
Henceforth, all related previous instructions and other issuances,
shall be reviewed and made consistent with this circular. For strict compliance.