Olongapo Subic Volunteers

Sunday, August 21, 2005

DENR, SBMA ink agreement on issuance of ECCs

By Katherine Adraneda, The Philippine Star

The Department of Environment and Natural Resources (DENR) and the Subic Bay Metropolitan Authority (SBMA) have signed a memorandum of agreement in an effort to clearly define the jurisdiction of the agency over environmental concerns in the freeport.

Environment and Natural Resources Secretary Michael Defensor and SBMA administrator and chief executive officer Alfredo Antonio signed the 15-point agreement that would give the DENR visitorial rights over at least 300 industrial and commercial establishments, or "locators," operating in the Subic Bay Freeport.

"The agreement effectively opens SBMA’s door to the DENR to assert its role in making sure that all locators comply with the environmental standards set forth by the agency," Defensor said.

The MOA signing came on the heels of a Court of Appeals decision upholding the sole authority of the DENR in the issuance of environmental compliance certificates (ECCs) to establishments in the freeport.

This resolved previous arguments between the DENR and the SBMA on which has the right to exercise regulatory powers within the Subic Bay Freeport.

Prior to the ruling, the SBMA’s Ecology Center was the one issuing environmental clearances within the Freeport. Now, the DENR’s Environmental Management Bureau will grant ECCs with the center assisting it in monitoring compliance with environmental laws, Defensor said.

Under the agreement, the DENR assumes the lead role in processing and approving ECC applications by new Freeport locators, while the SBMA can give recommendations.

"But, of course, all documents will still be subjected to confirmation by the DENR after a thorough evaluation and review by our personnel," Defensor said.

The agreement also calls for the review and validation by the DENR of all environmental clearances previously issued by the SBMA’s Ecology Center. 

The freeport zone is within the 6,332-hectare Subic Watershed and Forest Reserve, which was declared a protected area by virtue of Presidential Proclamation 926 signed by former President Corazon Aquino in 1992.

All declared protected areas are automatically placed under the DENR’s jurisdiction by virtue of Republic Act 7586, or the National Integrated Protected Areas System (NIPAS) of 1992. — With Bebot Sison Jr.

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