Key Benefits:
10. Public review of statement
(1) The competent authority shall, within 60 days of receiving a statement from a developer, examine the statement to determine whether such statement complies with the requirements prescribed by the Minister.
(2) Where the statement complies with the requirements prescribed by the Minister, the competent authority shall -
(a) place, at the developer's expense, a notification in the Gazette and in a newspaper circulating at least once weekly using the official languages, for four consecutive weeks, inviting comments or objections from those persons who are most likely to be affected by the proposed activity and other interested persons, stating the -
(i) nature and magnitude of the activity,
(ii) location of the activity,
(iii) anticipated environmental impact of the activity, and
(iv) proposed mitigation measures to respond to the negative environmental impact; and
(b) in its decision making, consider the comments or objections raised by persons who are likely to be affected by the proposed activity and other interested persons.
(3) The competent authority shall carry out or cause to be carried out the review of environmental assessment statements at the competent authority's own expense.
(1) The competent authority may hold a public hearing if-
(a) after examining the statement, the competent authority is of the opinion that the activity is of such a nature that the public should have the opportunity to make submissions or comments at a public hearing; or
(b) the public concern over the activity is that the activity may have a significant adverse impact on the environment.
(2) The Minister may, in consultation with the competent authority, prescribe the procedure for conducting a public hearing.
(3) The competent authority shall, after a public hearing, consider the findings in determining the adequacy of the environmental impact statement.
(1) Where the competent authority's review of the statement is complete, the competent authority shall -
(a) grant authorisation to the developer, on such terms and conditions as the competent authority considers necessary, where -
(i) the competent authority is satisfied that the statement sufficiently identifies the environmental impact likely to be caused, and
(ii) the prescribed mitigation measures in the statement, to avert or minimise the potential adverse environmental impact, are affective and sufficient;
(b) where the competent authority is of the view that -
(i) the statement does not sufficiently identify the environmental impact likely to be caused, or
(ii) the prescribed mitigation measures to avert or minimise the potential adverse environmental impact, are insufficient and ineffective, afford the developer an opportunity to comply with the provisions of the Act; or
(c) reject the statement, where the developer fails to satisfy the conditions under paragraph (b).
(2) In deferring or rejecting the statement, the competent authority shall furnish the applicant with a written statement of the reasons for its decision.
(3) The competent authority may, in issuing an authorisation, prescribe, in writing, specific requirements for monitoring during and after implementation of the proposed activity, by the technical departments, local authorities and the developer.
(4) Any person who gives information to the practitioner or competent authority which is false or misleading in an environmental assessment statement, project brief, scoping report, environmental management plan or strategic environmental assessment statement commits an offence and is liable to a fine not exceeding P100 000, or to imprisonment for a term not exceeding five years, or to both.
(1) A person aggrieved by a decision of the competent authority may appeal to the Appeals Committee within 30 days of receiving the decision of the competent authority.
(2) The Minister, shall, by order establish an Appeals Committee referred to under this section.
